Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Independent Corrupt Practices and Other Related Offences Commission has filed a counter‑affidavit opposing the fresh bail application filed by former Kaduna State Governor, Mallam Nasir El‑Rufai, in the ongoing corruption case before the Kaduna State High Court. At the resumed hearing on Tuesday, May 5, 2026, defence counsel, Mr. Ubong Akpang, informed the court of the pending bail application, stressing that it concerns the fundamental right to liberty of his client. He further stated that all necessary processes had been duly filed and served, and expressed readiness to proceed with the hearing.
However, counsel to the ICPC, Mr. Ibrahim Mukhtar, told the court that he had only just been served with the defendant's further affidavit in support of the bail application and would require time to study the new processes. Following this development, the presiding judge, Honourable Justice D.H. Khobo, adjourned the matter to May 13, 2026, for the hearing of the bail application.
This is not El‑Rufai's first attempt at securing release. The court had earlier declined to grant him bail in a previous application. In that ruling, Justice Khobo held that the defendant had not filed a further affidavit to challenge the ICPC's counter‑affidavit, which raised new facts. These facts included the likelihood of flight risk due to his influence and resources, alleged obstruction of lawful arrest at the Nnamdi Azikiwe International Airport, Abuja, refusal to surrender travel documents and devices for investigation, and concerns over potential interference with witnesses and evidence.
In its determination, the court emphasised that bail is discretionary and must serve the interests of justice. Justice Khobo held that the defendant's high status could facilitate interference with ongoing investigations, especially as some suspects remained at large. The court further noted the defendant's failure to challenge key allegations in the prosecution's counter‑affidavit, thereby deeming them admitted, and dismissed unsubstantiated health claims for lack of evidence. Consequently, the court refused bail to El‑Rufai, ordered that he remain in ICPC custody pending the commencement of the trial, and directed an accelerated hearing.
Despite that setback, the defence team proceeded to file a fresh bail application. The ICPC has since filed its response opposing the latest bail application and remains committed to ensuring that justice is served in accordance with the law. The Commission assured the public of its continued dedication to the diligent prosecution of corruption cases and the upholding of due process.
El‑Rufai is standing trial on an amended charge dated April 10, 2026, containing nine counts. The charges include allegations of inducing benefit under false pretences, conferring corrupt advantages in severance payments, criminal breach of trust, conspiracy to offer monetary benefits to investigators, and violations of the Kaduna State Public Procurement Law. He is also accused of misconduct relating to land revocations and allocations.
In his bail application, El‑Rufai, through his counsel, urged the court to admit him to bail on constitutional grounds, citing Sections 35(4) and 36(5) of the 1999 Constitution, which guarantee the right to liberty and presumption of innocence. The defence argued that all the charges were non‑capital in nature and therefore entitled the defendant to bail as a matter of right. They further submitted that as a former governor and former minister, El‑Rufai had strong community ties, fixed addresses in Kaduna and Abuja, and no likelihood of absconding. Counsel also told the court that the former governor voluntarily returned from Egypt on February 16, 2026, to honour an invitation by the Economic and Financial Crimes Commission, describing it as evidence of cooperation with law enforcement.
Opposing the application, the ICPC argued that the charges bordered on serious economic crimes capable of undermining public institutions. The prosecution described El‑Rufai as a flight risk with the means and influence to evade trial and interfere with witnesses and ongoing investigations. The ICPC also alleged that the defendant obstructed law enforcement officials during an attempted arrest at Nnamdi Azikiwe International Airport, Abuja, on February 12, 2026. It further claimed that El‑Rufai failed to surrender his international passport and mobile devices for forensic examination and did not provide medical evidence to support his health claims.
In his ruling on the earlier bail application, Justice Khobo noted that while El‑Rufai relied on his status as a former governor and minister, such status alone does not make him immune from detention. The judge cited several Supreme Court authorities, including Suleiman v. Commissioner of Police (2008) and Eye v. FRN (2018), to emphasise that the primary consideration in bail applications is whether an accused person will attend trial if released. He held that the defendant had not satisfied that requirement.
As the case continues, El‑Rufai remains in ICPC custody. The court has ordered an accelerated trial, which is expected to commence in June 2026. The next hearing, scheduled for May 13, 2026, will focus on the fresh bail application. Until then, the former governor's liberty hangs in the balance, while the anti‑graft agency insists on keeping him behind bars to prevent any risk of flight or interference with witnesses.
The ICPC has reaffirmed its commitment to the diligent prosecution of corruption cases, regardless of the status or influence of the accused. In a statement, the Commission assured the public that it would uphold due process and ensure that justice is served. For El‑Rufai, the legal battle is far from over. For now, he remains a guest of the state, with his fate in the hands of the Kaduna High Court.
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